No. 18-963

Terrence Hill v. City of Jackson, Michigan, et al.

Lower Court: Sixth Circuit
Docketed: 2019-01-25
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: demolition demolition-notice due-process government-action government-policy municipal-liability notice opportunity-for-hearing parratt-v-taylor procedural-fairness property-rights
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Securities JusticiabilityDoctri
Latest Conference: 2019-11-01 (distributed 2 times)
Question Presented (AI Summary)

Does due process require the City of Jackson and Jackson County to provide notice and opportunity for hearing appropriate to the nature of the case?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Mullane v. Central Hanover Bank requires the government provide the owner “notice and opportunity for hearing appropriate to the nature of the case,” using means that “one desirous of actually informing the absentee might reasonably adopt.” 339 U.S. 306, 314, 315 (1950). Jones v. Flowers requires the government to take additional steps to notify a property owner when notice is undelivered. 547 U.S. 264, 269 (2006). Petitioner Terrence Hill bought a home from Jackson County, at an auction. The City of Jackson and Jackson County never delivered years-old demolition notices to Terrence Hill before tearing down Hill’s home. The City demolished Hill’s home, knowing the County’s policy and practice of (1) ignoring prior demolition notices and (2) not disclosing those notices to the citizens the County sold the property to. Does due process require the City of Jackson and Jackson County to provide notice and opportunity for hearing appropriate to the nature of the case? 2. Parratt v. Taylor, 451 U.S. 527 (1981), does not apply to deprivations of property allegedly not due to random and unauthorized acts. “In situations where the State feasibly can provide a predeprivation hearing before taking property, it generally must do so regardless of the adequacy of a postdeprivation tort remedy to compensate for the taking.” Zinermon v. Burch, 494 U.S. 118, 132 (1990) (citing Loudermill, 470 U.S. at 542; Memphis Light, Gas & Water Div. v. Craft, 436 U.S. 1, 18 (1978); Fuentes, 407 U.S. at 80-84; Goldberg, 397 U.S. at 264). The City demolished Hill’s home, knowing the County’s policy and practice of (1) ignoring prior demolition notices and (2) not disclosing those notices to the citizens the County sold u the property to. The City of Jackson and Jackson County never delivered years-old demolition notices to Terrence Hill before tearing down Hill’s home—then sent Mr. Hill the bill for the demolition costs. When the government fails to take additional steps to notify a property owner of years-old demolition notice, is a postdeprivation remedy in state tort law “all the process due” after the government demolishes a citizen’s home?

Docket Entries

2019-11-04
Petition DENIED.
2019-10-09
DISTRIBUTED for Conference of 11/1/2019.
2019-09-19
Brief of respondent County of Jackson, Michigan in opposition filed.
2019-09-13
Motion to extend the time to file a response is granted and the time is further extended to and including September 25, 2019.
2019-09-11
Motion to extend the time to file a response from June 28, 2019 to September 25, 2019, submitted to The Clerk.
2019-06-21
Motion to extend the time to file a response is granted and the time is further extended to and including June 28, 2019.
2019-06-19
Motion to extend the time to file a response from June 6, 2019 to June 28, 2019, submitted to The Clerk.
2019-06-03
Motion to extend the time to file a response is granted and the time is further extended to and including June 6, 2019.
2019-05-28
Motion to extend the time to file a response from May 28, 2019 to June 6, 2019, submitted to The Clerk.
2019-05-02
Motion to extend the time to file a response is granted and the time is further extended to and including May 28, 2019.
2019-04-29
Motion to extend the time to file a response from April 29, 2019 to May 27, 2019, submitted to The Clerk.
2019-04-05
Brief of respondent City of Jackson, Michigan in opposition filed.
2019-04-04
Motion to extend the time to file a response is granted and the time is further extended to and including April 29, 2019, for all respondents.
2019-03-29
Motion to extend the time to file a response from March 29, 2019 to April 29, 2019, submitted to The Clerk.
2019-03-15
Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2019.
2019-03-12
Motion to extend the time to file a response from March 29, 2019 to April 5, 2019, submitted to The Clerk.
2019-02-27
Response Requested. (Due March 29, 2019)
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-02-07
Waiver of right of respondent County of Jackson to respond filed.
2019-01-30
Waiver of right of respondent City of Jackson to respond filed.
2019-01-22
Petition for a writ of certiorari filed. (Response due February 25, 2019)

Attorneys

City of Jackson
Julie McCann O'ConnorO'Connor DeGrazia & Tamm, P.C., Respondent
County of Jackson
Marcelyn A. StepanskiRosati, Schultz, Joppich & Amtsbuechler, PC, Respondent
Terrence Hill
John H. DeYampert Jr.The Deyampert Law Company, PLLC, Petitioner